THIRD SECTION

DECISION

Application no. 8234/20 Yuriy Vladimirovich SAVELYEV against Russia and 2 other applications

(see appended table)

The European Court of Human Rights (Third Section), sitting on 10 March 2022 as a Committee composed of:

Peeter Roosma, President, Andreas Zünd, Mikhail Lobov, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 5 § 3 of the Convention concerning the excessive length of pre-trial detention were communicated to the Russian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.

The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the excessive length of pre-trial detention. In some of the applications, they further acknowledged that the domestic authorities had violated the applicants’ rights guaranteed by other provisions of the Convention. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

The applicants informed the Court that they agreed to the terms of the declarations.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify the continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 28 July 2022.

Viktoriya Maradudina Peeter Roosma Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 5 § 3 of the Convention

(excessive length of pre-trial detention)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Other complaints under well-established

case-law

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) [1]

8234/20

15/01/2020

Yuriy Vladimirovich SAVELYEV

1980Art. 13 - lack of any effective remedy in domestic law in respect of inadequate conditions of detention during transport

Art. 3 - inadequate conditions of detention during transport - transported by train, in July 2019; overcrowding, insufficient number of sleeping places, lack of requisite medical assistance, lack of fresh air, no or restricted access to toilet.

27/04/2021

03/06/2021

3,030

29249/20

29/06/2020

Dmitriy Vladimirovich KOPYLOV

1978Art. 13 - lack of any effective remedy in domestic law in respect of placement in a metal cage during court hearings

Art. 3 - use of metal cages and/or other security arrangements in courtrooms - detention in a metal cage in court hearings before the Zheleznodorozhnyy District Court of Krasnoyarsk since 07/06/2019.

03/03/2021

19/05/2021

1,560

1145/21

01/12/2020

Anastasiya Mikhaylovna CHERNYKH

1978Dobryanskiy Mark Vladimirovich

Perm

Art. 5 (1) - unlawful deprivation of liberty, including unrecorded detention and detention without a judicial order and any other legal basis - unrecorded detention on 3-4 June 2020 – drawing up of the applicant’s arrest record for more than 7 hours after her arrest (Fortalnov and Others v. Russia, nos. 7077/06 and 12 others, §§ 76-84, 26 June 2018).

08/06/2021

07/10/2021

2,330

[1] Plus any tax that may be chargeable to the applicants.